Is this legal?

Discussion in 'Legal Issues' started by bigmike7801, Aug 22, 2007.

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  1. #1
    Well what I'm doing is making a WordPress theme that looks like digg and I'll eventually want to sell it. Right now I'm just working on a mock-up which you can see http://techguymike.com/wp-content/themes/digg/test.html. But before I get too far I Want to make sure what I'm doing is legal.

    I realize that I'll probably have to remove the "digg" part from the "digg blogg" logo and just leave the word "blogg" but is the rest ok or do I even have to remove the "digg" part?

    Any advice with something to back it up would be appreciated!

    Thanks - Mike
     
    bigmike7801, Aug 22, 2007 IP
  2. stOx

    stOx Notable Member

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    #2
    If they took you to court you would lose.
     
    stOx, Aug 22, 2007 IP
  3. bigmike7801

    bigmike7801 Well-Known Member

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    #3
    Can you give me some reasons why? Like would I lose because the site looks like theirs or because I used their name or because the logo looks like theres? I'm just looking for reasons why not jsut a simple you're ok or not ok.

    Thanks - Mike
     
    bigmike7801, Aug 22, 2007 IP
  4. stOx

    stOx Notable Member

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    #4
    It's because your theme is a copy of how thier site looks.
     
    stOx, Aug 22, 2007 IP
  5. klimt

    klimt Peon

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    #5
    I don't know what type of explanation you're looking for...

    You are clearly violating trademark and copyright laws. Put it this way, if someone want to that site, they would think they were on digg.
     
    klimt, Aug 22, 2007 IP
  6. bigmike7801

    bigmike7801 Well-Known Member

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    #6
    I wasn't sure if it was legal or not to copy the look.

    What if I were to give the theme away for free?
     
    bigmike7801, Aug 22, 2007 IP
  7. grimsqueaker

    grimsqueaker Peon

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    #7
    Let me know the url to one of your websites - I want to copy it, make a wordpress theme out of it, and distribute it for free. I'm sure you'll be alright with that?
     
    grimsqueaker, Aug 22, 2007 IP
  8. klimt

    klimt Peon

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    #8
    bigmike7801: Copyright law covers the overall "look and feel". The Lanham Act would cover the similarity and confusion for digg's trademark.

    It doesn't matter if you give the site away or sell it....
     
    klimt, Aug 22, 2007 IP
  9. mgrohan

    mgrohan Active Member

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    #9
    They have copyright/TM on all their design. Pligg had trouble with this before, i wouldn't go through the trouble.
     
    mgrohan, Aug 22, 2007 IP
  10. bigmike7801

    bigmike7801 Well-Known Member

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    #10
    Thank you everyone for your input! I guess the only thing to do is to scrap this idea!


    -Mike
     
    bigmike7801, Aug 22, 2007 IP
  11. devtrench

    devtrench Guest

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    #11
    That's right, scrap it before they clamp the irons on you an haul you off forever...
     
    devtrench, Aug 22, 2007 IP
  12. Tmnoonan

    Tmnoonan Peon

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    #12
    As long as it was different enough, it wouldn't hold up in court.

    I like the use of the term "Mock-up"
     
    Tmnoonan, Aug 22, 2007 IP
  13. jamaine12

    jamaine12 Banned

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    #13
    Copying designs of other is already violating the copyright law..Be creative!Create new designs and be unique.^_^
     
    jamaine12, Aug 22, 2007 IP
  14. pr0xy122

    pr0xy122 Peon

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    #14
    shame..it looks like a pretty nice design. :).
     
    pr0xy122, Aug 23, 2007 IP
  15. georgecotton

    georgecotton Peon

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    #15
    I recon the big problem is the use of their logo, you could always e-mail them and pick their brains. They're pretty cool people.
     
    georgecotton, Aug 23, 2007 IP
  16. catanich

    catanich Peon

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    #16
    If you copied the HTML design and then modified it, you could get away with it. But if you use any of their copyrighted images or logo, you will be shut down.

    If you continue to piss them off, they will come after you. Even if you win in 3 years, you will be broke.
     
    catanich, Aug 27, 2007 IP
  17. php4ever

    php4ever Guest

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    #17
    I agree with the above it would be a legal problem if you copied without permission. I've done dozens of clones for people but each time I clone a site we make sure they have permission.

    My favorite case in point.
    Original: http://robotech.com/
    Spanish Clone: http://www.jaredritchey.com/clients/roboteche.html

    Its legit if you have permission.

    ~ Jared
     
    php4ever, Aug 27, 2007 IP